Moreover, appeals can be made in the case of refusals to grant licences. These may be to the Governor. However, can it be of any use if an appeal against the Executive is to go to the Executive ? Suggested is a board for granting licences consisting of members of the Police Force and the Urban Councillors. Appeal against refusal should lie to the court.
THE HOLDING OF A PUBLIC MEETING
THE PREPARATORY STAGE
Organisations sponsoring the public assembly cannot be an unlawful or unregistered society. The officials and members of such organisations will be liable under these provisions. Any meetings will be unlawful if force or violence is to be used.
Applications for licences must be made 7 days beforehand giving all details and in- tentions. If the meeting is to be held on private premises, the owner's permission must be given.
Since 1972, because of clashes between Police and demonstrators, several places have been named for holding public demonstrations. They are *
i) two football fields and the small knoll in Victoria Park,
ii) The football fields in Happy Valley Horse Racing ground,
iii) Hong Kong Stadium, and
iv) Homantin Playground (formerly the open space opposite Hunghom Public Ferry Pier (5)
Since these places are under the jurisdiction of the Urban Council, presumably another licence or special permission must be obtained from the Council also.
It is not clearly stated whether demonstrations can be held in other places which are dedicated to public use (e.g. Morse Park or Statue Square ). Apparently the public is not entitled to hold meetings outside the designated areas as can be seen from the repeated refusals by the Police to allow public meetings elsewhere. Proces- sions cannot be effectively held in these places or in the streets because of the traffic. Then where can a procession be held ?
DURING THE PUBLIC ASSEMBLY
Conditions attached to the licence must be complied with otherwise it will be an offence. The licensee adn leaders are obliged to inform the participants of the conditions and to make sure they are not contravened. However, in large meetings, it is often difficult to know that someone is contravening a condition, let alone stop him. The licensee must be present during the whole assembly unless he is pre- vented from being so because of illness or other unavoidable causes. What is unavoi- dable is determined by the licensee himself but will the Court accept a reasonable excuse of his personal judgement turns out to be wrong ?
The Organisers can exclude any person from the meeting according to their Common Law right. However, Police are entitled to enter and remain on private premises. This indicates the power of the Police has been considerably widened by the Public Order Ordinance.
No uniforms signifying association with any political association or with the pro- motion of any political object shall be allowed. However, what constitutes a uniform? This is not clearly defined in the Ordinance. The purpose of this section is not clear. If the political organisation is not unlawful, why is it an offence to wear. its uniform ?
No offensive weapons are allowed at a public meeting. This is defined as an article "suitable" for causing injury to the person. A pencil is capable of causing injury, is it an offensive weapon ?
The assembly is a riot if any person in it uses violence or committs a brach of the peace. ALL those in the assembly will be liable although only ONE behaves dis- orderly. It is not necessary for the others to have behaved in a noisy, disorderly manner. However, they may all still be liable if they, behave or speak with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be caused. Proof of such intention is, however, not always necessary. Nor need there be an actual breach. But who is to decide when a breach of peace is to be aroused ? What appears probable to a policeman may not so appear to a reasonable man.
YMT 19
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